Tabrasa Subscriber Agreement

Effective date: July 28, 2026

This Subscriber Agreement applies to individual (“self-serve”) subscribers and to companies that sign a Tabrasa Order Form that incorporates it. If your subscription is instead governed by a separately negotiated enterprise or master services agreement between your company and Tabrasa, or by a signed Order Form that incorporates these terms, that document controls over this Subscriber Agreement to the extent of any conflict. See Section 2.

This Subscriber Agreement (“Agreement”) is a binding contract between Tabrasa, LLC (“Tabrasa,” “we,” “us,” or “our”) and the individual or entity that registers for or uses a Tabrasa subscription product (“you,” “your,” or “Subscriber”). It governs your access to and use of the Tabrasa One platform and any related products, applications, and services we make available to you (collectively, the “Service”).

PLEASE READ. These terms include an automatic renewal of your subscription (Section 6) and a binding individual arbitration provision and class-action waiver (Section 19) that affect how disputes between you and Tabrasa are resolved. You may opt out of arbitration within 30 days as described in Section 19.

1. Acceptance; if you do not agree

By clicking “I agree” (or a similar control) when you register, and by accessing or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, which is incorporated by reference.

If you do not agree to this Agreement, do not register for, access, or use the Service. Your sole and exclusive remedy with respect to any disagreement with this Agreement — including any amendment to it — is to stop using the Service and cancel your subscription. You acknowledge that your decision to use the Service is voluntary and that declining these terms has no consequence other than that you may not use the Service.

You represent that you are at least 18 years old and able to enter into a binding contract, and, if you accept on behalf of an entity, that you have authority to bind that entity.

2. Scope of these terms; enterprise agreements; how terms apply by product

(a) Who this Agreement covers. This Agreement governs individual (“self-serve”) subscribers who accept it directly. It also applies to a company where a Tabrasa Order Form or other ordering document signed by that company incorporates this Agreement by reference; in that case the company identified as “Customer” on the Order Form is bound, references to “you” and “Subscriber” include that company, and the Order Form controls over this Agreement to the extent of any conflict. Where your access is instead governed by a separately negotiated enterprise or master services agreement, that agreement controls over this Agreement to the extent of any conflict.

(b) Core terms apply to everyone. Sections 1 and 3–21, other than the data-specific provisions identified in (d), apply to you whenever you use any part of the Service.

(c) MMG content; distribution license. The Mortgage Market Guide (“MMG”) and similar market-commentary content we provide (“MMG content”) is provided for you to read and to share. When you use MMG, Tabrasa grants you a limited, revocable, non-exclusive, non-transferable license to reproduce MMG content, co-brand it with your name, logo, and NMLS identifiers, and distribute it to your own clients, prospects, and referral partners in connection with your own business, subject to any attribution, disclaimer, and format requirements we specify. This is an exception to the “internal business purposes” limit in Section 4 and to the Section 8 restrictions on modifying content or providing it to third parties. You may not sell, sublicense, or redistribute MMG content as a standalone product or charge a separate fee for the MMG content itself, and this license ends when your subscription ends.

(d) Data-processing products and features; automatic scaling. Some products and features let you upload or process contacts, recipient lists, loan data, or personal information, or send communications to your clients and prospects (for example, CRM, contact management, and messaging features, and Tabrasa One products beyond MMG). Section 10 (Subscriber Content and data), the Privacy Policy, any additional data-processing terms we make available, and the data-related representations in Section 9 (recipient consent) and Section 10 apply only when, and for as long as, you use such products or features or submit such data to the Service. If you begin using any such product or feature, or submit any such data, those provisions apply automatically as of that first use, without a new or amended agreement.

(e) If you use only MMG. If your subscription is limited to MMG (or other MMG content) and you do not upload contacts, recipient lists, loan data, or personal information, the data-processing provisions in (d) do not apply to you. The communications-law responsibilities in Section 9 still apply whenever you use any feature to send or publish communications, including branded MMG sends.

3. Definitions

“Service” means the Tabrasa One platform and related products, features, applications, and support we provide to you under this Agreement.
“Subscriber Content” means content, data, and materials you submit to, upload to, or generate in the Service, including marketing materials and information about your own clients, contacts, and prospects.
“Tabrasa Content” means content we make available through the Service, including MMG content, templates, designs, text, and tools.
“Documentation” means the user guides and help materials we make available for the Service.

4. The Service; license grant

Subject to your compliance with this Agreement and payment of all applicable fees, Tabrasa grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service and Documentation for your own internal business purposes during your subscription term, except as expanded by Section 2(c) for MMG content.

We may update, modify, or discontinue features of the Service from time to time. We will use commercially reasonable efforts to avoid materially degrading the core functionality of a paid Service during a paid term.

5. Account registration and security

You must provide accurate and complete information when you register and keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at support@tabrasa.io of any unauthorized use. You may not share, resell, sublicense, or transfer your account or access to the Service.

6. Fees, billing, automatic renewal, and taxes

Fees. You agree to pay the subscription fees and any other charges for the Service at the rates in effect when the charges are incurred. Unless stated otherwise, all fees are quoted and payable in U.S. dollars and are non-refundable except as expressly stated in Section 7 or as required by law.
Payment authorization. You authorize Tabrasa (and our payment processor) to charge your designated payment method for all fees, including recurring subscription fees.
Automatic renewal. Your subscription automatically renews at the end of each subscription term (e.g., monthly or annually, as selected at purchase) for a successive term of the same length, and we will automatically charge your payment method the then-current fee for the renewal term, unless you cancel before the renewal date as described in Section 7.
Renewal reminder. Before each renewal, we (or our payment processor) will send a reminder to your registered email that includes the renewal date and amount and a link to update your payment details or manage your subscription.
Price changes. We may change subscription fees. We will notify you of a fee change before it applies to a renewal term, and the new fee takes effect on your next renewal. If you do not agree to a fee change, you may cancel before the renewal date.
Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes, excluding taxes on Tabrasa’s net income.
Failed payments. If a charge fails, we may suspend or terminate your access until payment is resolved.

7. Cancellation and refunds

How to cancel. You may cancel your subscription at any time through the account/billing settings in the Service or by contacting us at support@tabrasa.io. Cancellation stops future renewals.
Effect of cancellation. Cancellation takes effect at the end of your current paid term; you retain access until then. We do not provide prorated refunds for partial terms except where required by law.
No refunds after renewal. Except where required by applicable law, fees already charged — including renewal fees charged on or after a renewal date — are non-refundable.

8. Acceptable use and restrictions

You agree not to, and not to permit anyone else to (the license in Section 2(c) is an exception to items 2 and 3 below for MMG content):

Use the Service in violation of any applicable law or regulation;
Copy, modify, reverse engineer, decompile, or create derivative works of the Service, except as permitted by law;
Resell, sublicense, rent, or provide the Service to third parties except as expressly allowed;
Access the Service to build a competing product or to benchmark without our consent;
Upload unlawful, infringing, defamatory, or harmful content, or any viruses or malicious code;
Interfere with or disrupt the integrity or performance of the Service; or
Use automated means to access the Service except through our documented APIs.

9. Compliance with marketing, communications, and lending laws

The Service includes tools for marketing, email, messaging, social media, and consumer communications. You are solely responsible for your use of these tools and for ensuring your content and communications comply with all applicable laws, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), telemarketing and texting/consent rules, fair-lending and mortgage-advertising laws (e.g., TILA/Regulation Z, RESPA, UDAP/UDAAP, MAP Rule), state licensing requirements, and applicable privacy laws. You represent that you have all necessary rights and consents (including recipient consent) for any contacts, recipients, and data you use within the Service.

10. Subscriber Content and data

Ownership. As between you and Tabrasa, you own your Subscriber Content.
License to operate the Service. You grant Tabrasa a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use Subscriber Content solely as needed to provide, secure, support, and improve the Service and as permitted by the Privacy Policy.
Your responsibility. You are responsible for the accuracy, quality, and legality of Subscriber Content and for having the right to provide it to us.
Data about third parties. Where you submit personal information about your own clients, contacts, or prospects, Tabrasa processes that information on your behalf as described in the Privacy Policy. You are responsible for providing any required notices to, and obtaining any required consents from, those individuals.
Regulated data (applies to data-processing products). When you use products or features that process contacts, recipient lists, loan data, or personal information, Tabrasa acts as your service provider/processor for that data; will maintain administrative, technical, and physical safeguards consistent with the Gramm-Leach-Bliley Act (GLBA) and the FTC Safeguards Rule; will engage subprocessors under written confidentiality and data-protection obligations; and will notify you without undue delay after confirming a security incident affecting that data. Any additional data-processing terms we make available apply to this use. This paragraph does not apply if you use only MMG content (Section 2(e)).

11. Tabrasa Content and intellectual property

The Service, Documentation, Tabrasa Content, and all related intellectual property are and remain the exclusive property of Tabrasa and its licensors. Except for the limited licenses in Section 4 and Section 2(c), no rights are granted to you. Any feedback or suggestions you provide may be used by Tabrasa without restriction or obligation to you.

12. Third-party services and integrations

The Service may interoperate with third-party services (for example, loan-origination systems, social-media platforms, or payment processors). Your use of those services is governed by their terms, and Tabrasa is not responsible for them. We may discontinue an integration if the third-party service changes or becomes unavailable.

13. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under this Agreement and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party, or to disclosures required by law.

14. Disclaimers

THE SERVICE, DOCUMENTATION, AND TABRASA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TABRASA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT IT WILL PRODUCE ANY PARTICULAR BUSINESS RESULT. TABRASA IS NOT A LENDER, BROKER, OR FINANCIAL, TAX, OR LEGAL ADVISOR, AND THE SERVICE DOES NOT CONSTITUTE SUCH ADVICE.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

TABRASA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
TABRASA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO TABRASA FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or gross negligence. These limitations are a fundamental basis of the bargain and apply even if a limited remedy fails its essential purpose.

16. Indemnification

You will defend, indemnify, and hold harmless Tabrasa and its affiliates from any third-party claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Subscriber Content; (b) your use of the Service; (c) your violation of this Agreement or applicable law (including the laws in Section 9); or (d) your infringement of any third party’s rights.

17. Term, suspension, and termination

Term. This Agreement applies for as long as you have an account or use the Service.
Suspension. We may suspend your access immediately if we reasonably believe your use poses a security risk, violates this Agreement or applicable law, or may harm Tabrasa or others.
Termination by you. You may terminate by cancelling your subscription (Section 7).
Termination by us. We may terminate this Agreement or your access, with or without cause, on reasonable notice; or immediately for your material breach.
Data export. For at least 30 days after termination, you may export your Subscriber Content yourself using the export functionality in the Service, or request that we provide an export in a commercially reasonable format, which we will deliver within 30 days of your request. After that period we may delete it in accordance with the Privacy Policy and our retention practices.
Effect. On termination, your right to use the Service ends. We may delete Subscriber Content after the export period described above in accordance with the Privacy Policy and our retention practices. Sections that by their nature should survive (including 6, 10–11, 13–21) survive termination.

18. Changes to this Agreement

We may change this Agreement at any time. When we make a material change, we will post the updated Agreement with a new “Effective date” and provide reasonable notice (for example, by email or an in-product notice). Changes take effect on the date stated in the notice.

Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Agreement. If you do not agree to a change, your remedy is to stop using the Service and cancel before the change takes effect. You will not be required to agree separately to each amendment; this Agreement is amendable by Tabrasa as described here without further signature or approval by you. No change will apply to any dispute of which we had notice before the change took effect, and no change to Section 19 will apply to claims that accrued before the change’s effective date.

19. Dispute resolution; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Agreement to arbitrate. You and Tabrasa agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Informal resolution first. Before starting arbitration, you agree to contact us at support@tabrasa.io and attempt to resolve the dispute informally for at least 30 days.
Arbitration administrator and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Agreement. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on, or a court will appoint, another nationally recognized arbitration administrator. The arbitration will be conducted by a single arbitrator. Hearings will be held by videoconference or telephone, or, if an in-person hearing is held, in the county of your billing address.
Arbitration fees. Tabrasa will pay the filing, administrative, and arbitrator fees required of it under the AAA Consumer Arbitration Rules.
Class-action and jury-trial waiver. You and Tabrasa agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. You and Tabrasa waive any right to a jury trial.
Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting this Agreement by sending written notice to support@tabrasa.io stating your name and intent to opt out. If you opt out, the governing-law and venue provisions in Section 20 apply instead.
Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this section still applies.

20. Governing law and venue

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

21. General

Electronic communications and signatures. You consent to receive communications electronically, and you agree that electronic agreements, notices, and disclosures satisfy any requirement that they be in writing.
Assignment. You may not assign this Agreement without our consent. We may assign it in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Severability; waiver. If a provision is unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
Entire agreement. This Agreement, the Privacy Policy, and any Order Form or other document that references this Agreement are the entire agreement between you and Tabrasa regarding the Service and supersede prior terms (including any legacy “Subscriber Terms and Conditions of Use”).
Time to bring claims. Except where prohibited by law, any claim must be brought within one (1) year after it arises.

22. Contact

Tabrasa, LLC — support@tabrasa.io